Angwenyi v Metropolitan Sacco [2025] KECPT 220 (KLR)

Angwenyi v Metropolitan Sacco (Tribunal Case E506 of 2024) [2025] KECPT 220 (KLR) (27 March 2025) (Judgment)

Neutral citation: [2025] KECPT 220 (KLR)

Republic of Kenya

In the Cooperative Tribunal

Tribunal Case E506 of 2024

BM Kimemia, Chair, Janet Mwatsama, Vice Chair, B Sawe, F Lotuiya, P. Gichuki & M Chesikaw, Members

March 27, 2025

Between

Nelson Angwenyi

Claimant

and

Metropolitan Sacco

Respondent

Judgment

1. Matter for determination is settled of claim dated 19/03/2024 filed on 21/03/2024. The claimant claims he was a member of the respondent with membership no. Being 115525

2. In the year 2024, the claimant withdrew from the Sacco &requested for his refund totalling to kshs. 121, 993. 28/=

3. His prayers are;a.The claimant be paid his total contribution as particularized in paragraph 3 herein above amounting to Kshs. 121,939. 07/=b.The honorable court do issue such orders and give such directions a it may deem fit to meet the ends of justice.c.The respondent to pay the costs of this claimd.Interest on the above at court rates.

4. The claimant filed witness statement and list of documents dated 19/06/2014 which includeda.Member statementb.Demand letterc.Withdrawal letter

5. The Respondent filed statement of defence dated 12/06/2024 and they denied argument of the claimant

6. They stated Claimant acted in bad faith as there was a resolution of Annual General Meeting that all refunds suspended which was abiding to all members

7. Further respondent stated the society has been through so much turmoils and financial challenges being overwhelmed by various applicants seeking to withdraw from the society as a results of mismanagement

8. Respondent request for time to structure the repayments and handle outstanding loans.

9. This being a refund of contribution matter the tribunal on 04/09/2024 directed parties to file written submissions in a bid to canvass the claim

10. The Claimant filed written submissions dated 20/11/2024 having considered the pleadings of both Claimant and respondent the issues to be handled are;Issue oneWhether the Claimant is a member of the societyIssue twoWhether the respondent owes the Claimant Khs. 121,993. 28

Issue one Whether the Claimant is a member of the society 11. The Claimant filed his supporting affidavit which is from respondent Sacco which clearly indicated his member no. 115525 with the claimant’s name on it

12. This supporting affidavit has not been challenged by the respondent and as such we are satisfied that claimant has proven that he was member of the respondent

Issue Two Whether the claimant is entitled a refund of ksh.121,939. 28= 13. This is the amount claimed by the claimant herein. However,what proof do we have to substantiate the claim?

14. We turn to the claimant list of documents i.e claimant statement of account dated 17/05/2024

15. It shows as at of 31/03/2018 the claimant had share capital of ksh. 20,000/=

16. The amount paid should be ksh.101,939. 07=

17. The claimant must include the share capital to the savings. However, if is known and is the practice that share capital is not refundable

18. As such the claimant is only entitled to ksh. 101,939. 07

Upshot 19. Judgement is entered in favour of claimant against the respondent for ksh.101,939. 07 plus cost and interest

JUDGMENT SIGNED, DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 27TH DAY OF MARCH, 2025. HON. B. KIMEMIA CHAIRPERSON SIGNED 27. 3.2025HON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025HON. BEATRICE SAWE MEMBER SIGNED 27. 3.2025HON. FRIDAH LOTUIYA MEMBER SIGNED 27. 3.2025HON. PHILIP GICHUKI MEMBER SIGNED 27. 3.2025HON. MICHAEL CHESIKAW MEMBER SIGNED 27. 3.2025TRIBUNAL CLERK JONAHNgichabi advocate for the Claimant.Gitonga Muriuki advocate for the Respondent- No appearanceHON. J. MWATSAMA DEPUTY CHAIRPERSON SIGNED 27. 3.2025